He also gave full-throated endorsement to Wickard and then some in Raich =>
Where necessary to make a regulation of interstate commerce effective, Congress may regulate even those intrastate activities that do not themselves substantially affect interstate commerce.
Scalia the Elastic, concurring in Raich
Scalia: “Where necessary to make a regulation of interstate commerce effective, Congress may regulate even those intrastate activities that do not themselves substantially affect interstate commerce.”
I can’t wrap my mind around how wrong that statement is specifically from Scalia. I can understand the perspective, the reasoning, but it goes against the Constitution as I understand it.
Such confusion is a reason I wish the wording could be changed from “regulate interstate” commerce to adjudicating interstate commerce. Eliminate the Fed as regulators, or we continue on with the mess we have.